NJ will pay $22 million to settle claims that missed ‘red flags’ left baby in grave danger

⚠️ New Jersey agreed to a $22 million settlement over a child’s permanent brain injury.

➡️ The child’s father had a criminal history that included violent offenses before her birth.

🔴 The state has custody of the girl, as an adoption process with a relative proceeds.

New Jersey has agreed to pay $22 million to settle a lawsuit after a child suffered permanent brain injury at the hands of her abusive father.

Beth Baldinger, a partner with Mazie, Slater, Katz Freeman law firm, said all the years of litigation against the state Division Of Child Protection And Permanency centered around strong evidence of human error.

"DCPP had multiple case workers — they had supervisors — they went to court and were court-ordered, they were granted care and supervision of this baby. And yet, proceeded over the next couple months to not follow their policies, their protocols," Baldinger said in an interview with New Jersey 101.5.

State officials declined to comment on the settlement.

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Attorney says state workers knew the father had a violent history

Jason Gomez, the father of “A.G.,” already had an extensive criminal history, including violent offenses, before his daughter’s birth.

Directly after being born, the baby and her mother both tested positive for methadone, Baldinger said. Despite the multiple red flags of a high-risk situation, the newborn stayed in the household.

"They didn't do what they were required to do and left this baby in this home, exposed to her father, who they knew was a danger," Baldinger said.

In March 2012, the child, then four months old, suffered injuries that resulted in brain injury, blindness and seizures.

Gomez later pleaded guilty to aggravated assault and child endangerment and was sentenced to seven years in prison.

The settlement involves no admission of wrongdoing.

The lawsuit began in 2013, initially involving the child's mother, who has since died.

Girl remains in state custody as adoption process is underway

Baldinger said the girl is now receiving phenomenal care and thriving at a residential facility in Somerset County and will remain there, under a court order.

She is responsive, enjoys Disney music, and she's making developmental increments, the attorney added.

While the state still has custody of the child, an adoption process is underway with a female relative of A.G., Baldinger added.

Settlement follows $8 million agreement with medical personnel

The state DCPP settlement follows a separate, $8 million settlement that was reached with medical personnel.

That amount resolved claims that proper steps were not taken when the same newborn was brought to an emergency room with injuries in February 2012, a month before the baby suffered a life-altering attack.

"In this particular instance, every single one of the case workers and supervisors that I deposed — I asked them, was your case load too high, did you have too much work, were you overstressed were you unable to handle this case due to your other demands. And the answer was uniformly no," Baldinger said.

"We know the system, when it's setup and followed it works and it saves children's lives," she added.

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A wooden gavel resting on a green book surrounded by scattered dollar bills

Same firm saw a $166M verdict in a similar case at trial, but was overturned

In 2013, the same law firm won a $166 million verdict for a negligence lawsuit against the state's child protection agency, which was then the Division of Youth and Family Services.

The case was centered on the 2009 physical abuse of an infant boy who suffered severe brain damage in an intense attack by his father.

The jury in that case found that DYFS should have removed the child from the home, because the agency knew the child was in danger.

However, an appellate court reversed the judgment in 2017, finding that state workers had "acted in good faith and in accordance with department rules" as previously reported by NJ.com.

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